Westshore Terminals Limited Partnership REGULATIONS & NOTICE TO SHIPS 1 Roberts Bank

Prepared and effective as of July 1, 2012

Westshore Terminals Limited Partnership

REGULATIONS

&

NOTICE TO SHIPS

1 Roberts Bank

Delta, British Columbia

Canada V4M 4G5

Telephone: (604) 946-4491

Fax: (604) 946-3430

Berth One – Latitude 49°00'39" N, Longitude 123°09'57"W

Berth Two – Latitude 49°00'52" N, Longitude 123°09'22"W (North American Datum 1983)

Prepared and effective as of July 1, 2012

C O N T A C T S

EMERGENCY CONTACTS:

1. Police, Fire, Ambulance 911

2. Air/Sea Rescue Emergency (Coast Guard) 1-800-567-5111

3. Pollution Control Emergency (Coast Guard) 1-800-889-8852

4. Westshore Terminals - Operations Centre (604) 946-3469

5. Westshore Terminals - Security Guardhouse (24 hr.)

Cellular:

(604) 946-3453

(604) 365-6761

6. Port Facility Security Officer: (604) 946-3434

(604) 946-3436

7. Transport Canada – Security/Emergency Preparedness (604) 666-4765

8. Marine Communications and Traffic Services

(Harbour Master)

(604) 666-6011

(604) 666-6012

(604) 665-9086

- 1 -

INDEX TO REGULATIONS

PAGE

1. DEFINITIONS

2. INTRODUCTION/APPLICATION OF REGULATIONS 1

3. NOTICE OF ARRIVAL 3.1 Notice of Arrival 1

4. TUGS 2

5. BERTHING 5.1 Notice of Readiness 2 5.2 Criteria for Berth Allocation 3 5.3 Charges 5

6. MOORING 6.1 General 6 6.2 Berth 1 6 6.3 Berth 2 7 6.4 Charges 7

7. LOADING 7.1 General 7 7.2 Cargo Declaration 8 7.3 Load Plan 9 7.4 Draught Surveys 9 7.5 Gangway 10 7.6 Geared Vessels 10 7.7 Loading Provisions & Supplies 11

8. REGULATORY AUTHORITIES/SAFETY 8.1 Transport Canada 12 8.2 Harbour Master 12 8.3 Safety & Security 13

9. POLLUTION 15

10. INDEMNITY/DAMAGES 10.2 Indemnities 16 10.3 Damages 16

11. GENERAL 17

12. TERMINAL TECHNICAL INFORMATION

12.1 General 17 12.2 Berth 1 - Information 18 12.3 Berth 1 - Figures 18 12.4 Berth 2 - Information 19 12.5 Berth 2 - Figures 19 12.6 Walkways/Missions to Seamen 19 12.7 Vessel Berthage, Line and Water Charges 20

Prepared and effective as of July 1, 2012 - 1 -

TERMINAL REGULATIONS

1. Definitions:

1.1. “Master”: in relation to any Vessel, means any person (except a pilot) having command or

charge for the time being of that Vessel.

1.2. “Regulations”: means this complete document including all attachments referenced herein and

attached hereto.

1.3. “Terminal”: means that area of land and water at Roberts Bank, Delta, B. C. leased by

Westshore Terminals Limited Partnership from the Vancouver Port Authority and includes all

equipment, structures, buildings and bulk loading facilities located thereon. Terminal includes the

General Manager of the facility and any duly authorized management representative, as the context

so infers or requires.

1.4. “Vessel” or “Vessels”: means any ship, boat and every other kind of floating Vessel used or

designed for use for any purpose on the sea. It shall also mean, as the content so infers or requires,

any Master, pilot, crew, owner (including disponent owners or part owners of Vessel and any

person or entity responsible for the navigation and management of Vessel), and any agent of

Vessel.

2. Introduction/Application of Regulations:

2.1. These Regulations have been prepared by Terminal for the convenience of Vessels using Terminal.

Terminal shall not be liable for any loses or damages whatsoever that may be suffered as a result

of any errors or omissions in the Regulations.

2.2. The Regulations set out in this document are applicable to all Vessels. Any Vessel ready to use,

actually using or departing from Terminal shall abide by and observe all of the Regulations at all

times.

2.3. The General Manager of Terminal, or any duly authorized management representative, shall have

an irrevocable right at any time to board any Vessel for the purpose of verifying full compliance

with these Regulations or to document and investigate any suspected non-compliance.

3. Notice of Arrival:

3.1. Vessels may communicate with Terminal through their appointed agent. Local time should be used

in all communications with Terminal regarding notification of arrival.


4. Tugs:

4.1. Any Vessel entering, departing from or being moved within Terminal shall engage the services of

tugs for that purpose. If the Master determines that the Vessel requires tugs to warp along the berth

face, the Vessel shall arrange for the services of tugs for that purpose. Terminal does not

undertake to make such services available, any such arrangement is between the tug company and

Vessel. Vessels are reminded that adequate power should be ordered for entering or departing as

further assistance is generally at least four hours away.

4.2. Notice of intent to dock is required by the tug company 24 hours in advance of the proposed

docking time, to be followed by four hours final notice. At the time final notice is given, the

appropriate tug service charges are considered as incurred, and will be invoiced whether Vessel

docks at the specified time or not.

4.3. Notice of intent to depart from dock is required by the tug company 12 hours in advance of the

intended departure time, to be followed by four hours final notice. At the time final notice is

given, the appropriate tug service charges are considered as incurred, and will be invoiced whether

Vessel departs at the specified time or not.

4.4. In the event that either arrival or departure is delayed, Vessel has the option of retaining the

ordered tugs on standby, or cancelling and reordering tug service. Terms, conditions, rates and

further details should be obtained from the tug company.

4.5. Tug service to Vessels is rendered under terms of "United Kingdom Standard Conditions for

Towage and other Services (revised 1974)."

5. Berthing:

5.1. Notice of Readiness

5.1.1. Inbound Vessels will generally be loaded in turn, in order of arrival for the designated berth

at the pilot boarding station (at Fairway Buoy, off Brotchie Ledge, near Victoria) providing

that:

1. They are ready in all respects to receive cargo.

2. All the cargo is available at Terminal.

3. Loading is in accordance with instructions received from the shipper(s) and/or

charterers.

4. Terminal is the first loading facility to which Vessel has been scheduled to load.

5.1.2. Barges, as a norm, are scheduled for loading between Vessel arrivals.

5.1.3. For those Vessels arriving from points other than the Fairway Buoy (e.g. other B. C.

ports, a partially loaded Vessel from the Inner Harbour, etc.), the order of arrival will be

determined from the time of acceptance of Notice of Readiness.

5.1.4. The custom of the Terminal is to accept Notice of Readiness one hour after arrival at

berth or anchorage within Port of Vancouver limits unless Vessel has commenced

loading sooner. Terminal requires that the tender and acceptance time on any

Notice of Readiness be exactly the same.


5.1.5. Vessels shall arrive with minimum ballast so as not to delay shiploading.

5.1.6. Transport Canada (Marine Safety Branch) is responsible for enforcement of the

International Maritime Organization resolution A.713 (17) regarding Safety of

Ships Carrying Solid Bulk Cargoes. They reserve the right to carry out inspection

for structural deficiencies of any ship intended to carry bulk cargoes, according to

the M.O.U. of Port State Control.

1. More typically these inspections are for vessels 10 years or older but can be for all

vessels.

2. In order to avoid loading delays, particularly when Terminal has a backlog of

vessels at anchorage, Terminal reserves the right to insist that this inspection be

carried out prior to berthing.

3. If vessel undergoes Bulk Carrier inspection, regardless of whether at berth or at

anchorage, the Notice of Readiness can only be presented upon successful

completion of inspection. To avoid disputes, it is recommended the vessel obtain

a passing slip from Transport Canada with the date and time of release.

5.1.7. Ore-oil and OBO Vessels having discharged petroleum products at a discharge port

before arrival at Terminal must advise Terminal of the fact at least 24 hours before

berthing. Arrangements are to be made for an independent chemist and a licenced marine

surveyor to board with the pilot (at Fairway Buoy). Providing Vessel is declared gas-free

and the holds clean, Vessel may proceed directly to Terminal. Vessel is subject to further

inspection by Transport Canada on arrival at Terminal. Expenses for surveyors and

chemists are the responsibility of Vessel.

5.2. Criteria for Berth Allocation

5.2.1. The following criteria and dimensions for each of Terminal's two berths are for the

assistance of Vessels contemplating loading at Terminal. Please refer to Clause 12

(Terminal Technical Information) of these Regulations for more comprehensive

information and details.

Terminal reserves the right to restrict certain Vessels to a specific berth because of their

size or configuration. In particular, the following maximum criteria shall apply unless

otherwise stipulated by Terminal.

Berth No. 1 Berth No. 2

Deadweight 250,000 dwt 100,000 dwt*

Length overall 350m (1,148 ft.) 263m (863 ft.)

Length between end hatches

(centre to centre) 243m (800 ft.) 184m (604 ft.)

Beam 53m (175 ft.) 42m (138 ft.)

Loaded draught 21m (69 ft.) 18m ( 59 ft.)

Air draught at berth face 18m (59 ft.) 22m ( 72 ft.)

Air draught to top of hatch cover 20m (65ft.) 24m (78 ft.)


Berth No. 1 Berth No. 2

Vessels with deck gear

(see Clause 7.6 of these Regulations) Load only at Berth 2

Maximum Berthing Velocity:

Lateral component of velocity: 12 cm/sec. (0.4 ft./sec.) 12 cm/sec. (0.4 ft./sec.)

for a 250,000 dwt Vessel for 100,000 dwt Vessel

fully loaded fully loaded

Water Depth at Berth (Minimum): 22.9m (75 ft.) 20.8m (68 ft.)

(see Figure 4) (see Figure 8)

*Under certain conditions Berth 2 is capable of accommodating Vessels of approximately

180,000 DWT. Vessels exceeding 100,000 DWT require special permission and

approval from Terminal, and in addition to such, shall also comply with the following

restrictions:

Partially loaded Vessels arriving at Berth No. 2 of between 100,000 DWT and

125,000 DWT shall not exceed a lateral component of berthing velocity of 12

cm/second (0.4 ft/second) and shall not arrive loaded to more than 58%

deadweight.




deadweight.




deadweight.

Warping Vessels along Berth No. 2 without tug assist is permissible when the

mean wind speed is not in excess of 10 m/second (22 mph), but may include gusts

up to 15 m/second (34 mph). If mean wind speeds are in excess of 10 m/second

(22 mph) or gust in excess of 15 m/second (34 mph), tug assistance may be

required for warping at the discretion of Vessel’s Master. In such circumstances

the cost of tug assistance shall be paid for by Terminal.

No warping of cape size Vessels shall be performed while container vessels are

undergoing berthing or de-berthing movements at Deltaport. Prior to initiating a

warping operation, the schedule of movements at Deltaport may be reviewed on

the web-site of the Pacific Pilot Authority

http://pilot.kleinsystems.com/public/PPA/PPA CurrentTraffic.aspx; information is

also available 24 hours per day at Vancouver Marine Communications and Traffic

Services Centre on CH12 or 74 VHF.

5.2.2. At Berth No. 1, all Vessels of an overall length less than 315 m (1,033 ft.) shall be

berthed port side to the berth, subject to satisfactory deployment of mooring lines,

gangway requirements and recommendations of the pilot. Vessels greater than 315 m

overall length shall be berthed starboard side to the berth unless otherwise requested by

Terminal.

http://pilot.kleinsystems.com/public/PPA/PPA%20CurrentTraffic.aspx


5.2.3. At Berth No. 2, all Vessels shall be berthed starboard side to the berth, weather

permitting, unless otherwise requested by Terminal.

5.2.4. No Vessel shall be moored or fastened to any wharf except to bollards or other securing

places provided for the purpose.

5.2.5. Every Vessel at a berth shall be properly moored, fastened or anchored as the case may

require and it is Vessel's responsibility at all times to see that lines are kept taut and

secure.

5.2.6. No person shall trespass on, and no Vessel shall secure to, ride by, damage, injure, or

otherwise interfere with any bollard, pile, dolphin, or buoy. Only those bollards of the

wharf structures and buoys designated by Terminal shall be used to secure a Vessel.

5.3. Charges

5.3.1. The charges set out in Clause 12.7 (Figure 10) of these Regulations shall be paid to

Terminal in respect of any Vessel occupying a berth.


6. Mooring:

6.1. General

In order to assist Vessels with safe moorage, Terminal has prepared schematic mooring plans as

further set out in Clause 12.3 (Figures 1 and 2) and Clause 12.5 (Figure 6) of these Regulations.

Adherence to these mooring plans will also likely diminish the potential for abrasion to mooring

lines. No steel mooring lines are to be deployed to a floating mooring buoy or non-quick-release

equipped bollard. During tie-up steel mooring lines shall be fed along the deck and dropped to an

available quick-release equipped hook. When using heaving lines, the ends of which are equipped

with “monkey fists”, Vessel’s crew shall exercise extreme caution to avoid possible injury to

longshore personnel. All mooring lines are to be fitted with rat guards. Additional information is

provided below. Tag lines should be checked to ensure that they are in good condition.

6.2. Berth 1

6.2.1. Berth No. 1 is located on the south-western side of Terminal. Vessels occupying this

berth will be subject to the marine environment of the Strait of Georgia. The tidal range

at the berth may exceed 4.0 metres (13.1 ft.) on Spring tides. Tidal currents at the berth

can attain velocities of approximately two knots, generally running north-west and south-

east. These, in conjunction with relatively strong wind conditions, may result in

substantial mooring loads. Operational experience has indicated that winds from the

north and east quadrants, when associated with certain current conditions, may result in

Vessel moving off the berth. Adequate line watch shall be maintained at all times by

Vessel to ensure Vessel does not move off berth.

6.2.2. The preferred mooring arrangements at Berth No. 1 are port side to the berth for Vessels

up to 315 m (1,033 ft.) in overall length, and starboard side to the berth for Vessels of

greater length, unless otherwise requested by Terminal. Clause 12.3 (Figure 1) indicates

the preferred location for Vessels berthed port side to the berth. It is recommended that

smaller Vessels (around 50,000 DWT) should berth at the extreme western end of the

wharf, where one of the buoy moorings can be utilized. When a Vessel is berthed at the

eastern end of the wharf, it is important to ensure that mooring lines deployed to the

eastern buoy are clear of the main wharf structure. Clause 12.3 (Figure 2) shows the

recommended mooring arrangement for Vessels berthed starboard side to the Berth. As

indicated, the recommended Vessel placement eliminates the potential for mooring line

abrasion from contact with the corner of the wharf.

6.2.3. At Berth No. 1, storm bollards are provided at two locations on the wharf, to allow

deployment of additional breastlines in the event of winds from the north or east

quadrants (off-berth) exceeding 35 knots. Before deploying these lines, Vessel shall

ensure that the shiploader has ceased operation and has travelled to its tie-down location

at the eastern end of the runway. Similarly, storm lines should be removed promptly

before shiploading resumes.


6.3. Berth 2

6.3.1. At Berth No. 2, dual quick release hooks with powered capstans are installed on four

mooring dolphins. Mooring lines may be pulled to the dolphins indicated by means of

tag lines thrown to the linesmen. Crew members should avoid drooping excess line into

the water.

6.3.2. Any Vessel scheduled to moor at Berth No. 2 should determine the operational status of

the powered capstans from the operations control centre at Terminal prior to docking. In

the event that the powered capstans are not in operation, Vessel lines must be passed

along the deck to a point above the bollard for which it is intended and lowered to the

linesmen below. See Clause 12.5 (Figure 6).

6.3.3. Cape size Vessels docking at Berth No. 2 may use the mooring hooks located on the

southwest corner of Deltaport to tie up stern lines. See Clause 12.5 (Figure 6).

6.4. Charges

6.4.1. The charges set out in Clause 12.7 (Figure 10) of these Regulations shall be paid to

Terminal in respect of each tying up and letting go of Vessel’s lines.

7. Loading:

7.1. General

7.1.1. Terminal operates year round, 7 days per week, 24 hours per day. Normal working days

are weather working days of 24 consecutive hours, including Saturdays and Sundays, but

excluding the following statutory holidays:

New Year's Day from noon on December 31 to 0800 hours on January 2;

Good Friday; Easter Monday;

Victoria Day (the Monday before May 25);

Canada Day (the first day of July);

B. C. Day (the first Monday in August);

Labour Day (the first Monday in September);

Thanksgiving Day (the second Monday in October);

Remembrance Day (November 11);

From noon on December 24, Christmas Day (December 25) and Boxing Day

(December 26);

Any other statutory holiday or holidays which may be declared by the Federal or

Provincial Governments; and any other holiday or holidays which may be provided for

by collective agreement between Terminal and its employees.

Terminal may elect, at its option, to work on some of the above-mentioned holidays, in

which case no additional charge will be assessed to any Vessel designated by Terminal to

be loaded.


7.1.2. The sole responsibility for loading a Vessel rests with the Master, as is customary. It is

essential that Vessel have a responsible officer on deck at all times during loading to

ensure correct loading in each hatch. Also, see provisions set out in Clause 7.3.1

regarding load plan and hatch openings.

7.1.3. Vessels will provide all necessary lights for night loading and will remove and replace

hatch covers. Charges and costs arising from delays due to non-compliance with this

provision shall be Vessel's responsibility.

7.1.4. Vessel shall take all reasonable steps within its areas of responsibility to ensure that

loading operations proceed and are completed as soon as possible. Once loading has

been completed it is expected that Vessel shall depart as soon as possible. Delays caused

by Vessel to shiploading operations due to non-compliance with these Regulations or any

other Vessel-caused delay, may attract, after an initial warning letter, a minimum charge

of $1,000 (Canadian currency) per hour. This charge is payable on invoice rendered by

the Company within seven (7) days of date of invoice.

7.1.5. There are 68 different conveyor routes which may be used to transfer coal from train or

stockpile onto Vessels. There is substantial variation in length of different routes and

allowances shall be made by Vessel for weight of coal which must be run off the

conveyor belts before loading actually ceases. It is essential that inadvertent overloading

of Vessels be prevented since there are no cargo discharge facilities available at

Terminal.

7.2. Cargo Declaration

7.2.1. Transport Canada regulations prohibit commencement of loading until the Master of

Vessel is in possession of a Cargo Declaration for the brand(s) of coal to be loaded. Such

Cargo Declaration is required to include information regarding the susceptibility of the

cargo to emit methane or self-heat. Vessels should, as a matter of routine, obtain the

Cargo Declaration(s) from coal supplier.

7.2.2. Alternatively, Cargo Declarations may be obtained from the coal supplier or their local

representative through the Vessel's agent. This request should be made not less than

three days prior to arrival at Terminal. Terminal does not undertake to supply Cargo

Declarations.

7.2.3. Transport Canada regulations also stipulate that Vessels intending to load coals with

methane-emitting, self-heating or unknown characteristics for the first time in Canada be

subject to safety inspection by a Transport Canada prior to commencement of loading.

To minimize delays, such Vessels should make arrangements to have the inspection

conducted prior to, or immediately on, arrival at Terminal.


7.3. Load Plan

7.3.1. Loading plans must be presented to the operations foreman at Terminal on arrival at the

loading berth. In order to improve loading rates, Terminal strongly recommends that

Vessels intending to load more than one brand of coal have loading plans prepared, such

that loading may commence with any of the brands to be loaded. Furthermore, it is

strongly recommended that only those hatches required for the current brand of coal be

open to prevent inadvertent loading of the wrong brands and to minimize exposure to

inclement weather.

7.4. Draught Surveys

7.4.1. All Vessels are required to have a final draught survey. Although Terminal belt scales are

highly accurate and reliable, the final draught survey is the determining measurement. It

is essential that inadvertent overloading of Vessel be prevented since there are no cargo

discharge facilities available at Terminal.

7.4.2. The weight of each shipment shall be determined by a survey of Vessel's draught using

Vessel's immersion scale by a licenced marine surveyor. To facilitate the draught survey,

a Vessel loading bulk cargo should observe the following recommendations as

applicable.

1. Suitable ladders should be placed at the location of midship and stern draught marks

on the offshore side of Vessel.

2. Draught marks should be legible at all times.

3. Vessel should possess trim correction tables for all tanks. Otherwise, all ballast

tanks should be either full or empty during the survey.

4. Deballasting prior to berthing should be done with caution in order to avoid

excessive freeboard on arrival at the berth. Excessive freeboard may prevent use of

the shiploader or, particularly on a rising tide, may result in damage to the

shiploader and/or Vessel. Vessel should note the limitations on air draught given in

Clause 5.2.1 of these Regulations and should contact Terminal, before berthing, if

in doubt.

5. Vessels at Berth No. 1 with air draught to top of hatch covers greater than 19.0

metres (62 feet) may be required to partly open or partly close hatches as

appropriate to provide adequate clearance for movement of the shiploader chute

and/or adequate clearance to the underside of the shiploader boom. See Clause 12.3

(Figure 4).

6. The shore belt scales are not used for exact export determination of total quantity

loaded. Therefore, draught checks should be performed by Vessel, and sufficient

tonnage should be kept in reserve for final trim.

7. On smaller Vessels where the loading rate could exceed the deballasting rate, it may

be advisable for Vessel to pump out a portion of its ballast before coming alongside,

subject to weather conditions and the pilot's requirements for manoeuverability of

Vessel.

8. Reasonable access to Vessel and co-operation by Master and crew shall be given at

all times for the purposes of carrying out draught surveys.


7.5. Gangways

7.5.1. Terminal's gangways are available for use by Vessels' crews as a service and are the

responsibility of Vessel while being used. Adequate watch should be maintained on

the gangways at all times to ensure that they are safe for use and not abused or

damaged by tidal and Vessel movements.

7.5.2. The Marine Occupational Safety and Health Regulations, the Vancouver Port Authority

Regulations and the Canada Shipping Act require that all gangways be fitted with

suitable safety nets. All Vessels arriving at Terminal shall comply with all provisions set

out in these various statutes and regulations.

7.5.3. At Berth No. 1, the gangways should be secured in such a way as to avoid twisting and

lifting off the dock surface. Vessels berthed port side to should make use of the gangway

landing platform installed at the west end of the berth. Gangways shall be positioned and

maintained so they do not conflict at any time with the traversing movement of

Shiploader #1. When loading is nearly completed it may be necessary to deploy a

portable gangway which spans between the dock and Vessel's rail. At any location

where personnel could fall from a gangway, suitable safety nets must be fitted. No

more than two people are to use a portable gangway simultaneously. See Clause

12.3 (Figure 5) of these Regulations.

7.5.4. At Berth No. 2, the gangway should be positioned to avoid contact with hatch covers.

The gangways in use at Berth 2 are enclosed by wire mesh, which satisfies the safety net

requirement. Gangway capacity is four people (total 1,000 lbs.) evenly distributed.

7.6. Geared Vessels

7.6.1. Once loading operations have commenced, cranes and derricks shall not be used without

the express permission of Terminal.

7.6.2. Vessels having above-deck equipment such as cranes, derricks or light standards, may

experience difficulty in loading at Terminal. They also face significant risk of causing

damage to and/or receiving damage from Terminal shiploading equipment. Any of this

equipment that can be lowered out of the way must be lowered.

7.6.3. Prior authorization from Terminal should be obtained before any such geared Vessel is

permitted to dock at Terminal. Terminal should be advised of the type and dimensions of

the above-deck gear well in advance of arrival of the geared Vessel, and Vessel shall

observe any special docking instructions issued by Terminal. Geared Vessels will

normally dock at Berth No. 2 unless otherwise directed by Terminal.

7.6.4. In order to complete loading of a geared Vessel, it is often necessary to reposition Vessel

one or more times along the dock to permit the shiploaders to reach between the above-

deck gear to access all hatches. Occasionally, it is necessary to move Vessel away from

the berth during repositioning to prevent damage to shiploaders and/or Vessel's gear. The

extra costs for tugs and pilot as required for such repositioning will be the full

responsibility of Vessel.


7.6.5. Terminal will not accept responsibility for damage to above-deck equipment on such

Vessels.

7.7. Loading Provisions & Supplies

7.7.1. General - Berths 1 & 2:

1. Any loading of provisions and supplies must be co-ordinated with Terminal

Foreman to ensure there is no conflict with coal loading operations.

2. Provisions and supplies may be loaded onto Vessel provided that all of such can be

transported by normal highway transport cartage and be loaded via the use of

Vessel cranes. Please note that maximum vehicle loading allowed on any of

berth’s approach trestle or wharf structures is H-20 (20 tonnes) unless otherwise

expressly agreed to by Terminal General Manager.

3. No tractor-trailer transport vehicles are permitted on any berth.

4. Loading of provisions and supplies is also permitted by barge.

5. No other loading arrangements are permitted.

7.7.2. Gangways: Use of gangways is permitted if the requirements set out in Clause 7.5 of

these Regulations are complied with. Take special notice of all capacity/load restrictions.

7.7.3. No bunkering or taking aboard of bulk lubricants will be permitted at Terminal. A bulk

lubricant is any container exceeding 250 litres capacity. Other restrictions regarding

provisions and supplies are as set out in:

1. Canada Shipping Act and amendments.

2. Vancouver Port Authority Regulations.

3. Canadian Environmental Protection Act and amendments.

7.7.4. Chandler duties and responsibilities:

1. Chandlers shall provide Terminal security with:

(a) Name of chandler and driver

(b) Name of Vessel provisions and supplies are being delivered to.

(c) Berth where Vessel is located.

(d) Approximate amount and nature of goods being delivered.

(e) Expected time to unload goods.

2. Chandlers shall remove all dunnage, pallets and other materials, scrap or garbage

arising from the delivery of the provisions and supplies to Vessel.

3. Chandlers shall observe all safety rules, regulations and signage of Terminal.

4. Any repeated failure by chandler to observe any Regulation may result in chandler

being refused access to Terminal, at Terminal’s sole discretion.

5. All port chandlers shall have a valid Port Access Card.

7.7.5 Vessel shall be responsible for the proper lifting, slinging and securing of all goods

discharged from or loaded onto Vessel, as per the Transport Canada "Code of Safe

Working Practices on Board Ships". Any damage that may occur as a result of the failure

or breakage of lifting gear, slings or mode of securing, shall be the full responsibility of

Vessel.


7.7.6 If any cargo or other material is, by accident or otherwise, dropped or let fall overboard

from a Vessel, Vessel shall, forthwith, report the occurrence to Terminal, and shall take

all steps and do all things necessary to recover such cargo or material. All expenses of

recovery shall be the full responsibility of Vessel. If the cargo or material is

environmentally toxic then Vessel must immediately contact the Coast Guard – Pollution

Control Emergency.

8 Regulatory Authorities & Safety:

8.1 Transport Canada (Marine Safety Branch)

8.1.1 Vessels should be aware that there are Marine Communication and Traffic Services

(MCTS) systems in operation in the coastal waters of British Columbia. Traffic routing

systems are set out on the appropriate charts. Details on MCTS procedures are available

in the latest Canadian “Notice to Mariners” Annual Edition, or by contacting any MCTS

Traffic Centre at (604) 666-6011.

8.1.2 Transport Canada has established regulations governing safety requirements and other

precautions for Vessels loading coal in Canadian waters. These regulations are contained

in Transport Canada publication No. TP 10944E, "Notice to Shipmasters Loading Coal."

Vessels should be familiar with these requirements before arriving at Terminal.

8.1.3 See Clause 5.1.6 regarding inspections for structural deficiencies of any Vessel intending

to carry solid bulk cargoes.

8.1.4 Vessel radar shall not be in operation or standby mode at any time while at berth.

8.2 Harbour Master

8.2.1 The Harbour Master's office is responsible for water pollution control within the Port of

Vancouver. No Vessel may discharge ballast water without the express permission of the

Harbour Master or one of his representatives. Harbour Master’s representatives when

boarding Vessels to conduct ballast checks will require to see one of the following:

1. Log Book entry (in English)

2. Abstract of the Log Book entry 3. Company or other administrative form giving details of the mid ocean exchange of

ballast water. These details must include the following information:

(a) position of exchange, latitude and longitude

(b) place where ballast water originally taken

(c) amount of ballast water

(d) ballast tanks which have had water exchanged

(e) details if ballast not exchanged.

8.2.2 The discharge of petroleum products or other toxic materials and garbage into the waters

of Canada is prohibited by strictly enforced regulations which provide heavy penalties on

summary conviction. Every precaution must be taken to prevent escape of petroleum

products from a Vessel. Should such an escape occur, the regulations require that you

immediately report it to Coast Guard – Pollution Control Emergency.


8.2.3 All dangerous goods transported within the Port of Vancouver (which includes Roberts

Bank) must carry a permit issued by the Harbour Master's office. Municipal fire

departments are advised of the movement and storage of all dangerous goods at Terminal.

Explosive or highly inflammable goods shall not be loaded or unloaded at Terminal

except with the written permission of the General Manager, and then, only at places and

times as directed. A request to load or unload such goods shall be made at least 48 hours

before the intended time of loading or unloading. A Dangerous Goods Permit must be

issued by the Harbour Master's office before such goods may be loaded or unloaded.

8.2.4 Any Vessel moored at a berth at Terminal shall notify Terminal of any intention to

undertake repairs to engines or other repairs of whatsoever nature. No work of any such

nature shall be commenced unless the express permission and consent of the General

Manager of Terminal is obtained. Permission must also be obtained from the

Harbour Master, and if permission is granted, then all requirements stipulated by the

Harbour Master must be followed. A tug (or tugs) may be required by the Harbour

Master to be in attendance when repairs to main engines and/or other machinery affecting

the seaworthiness of Vessel are undertaken. The propellers of a Vessel shall not be

worked while Vessel is moored to bollards, floating moorings or dolphins at Terminal

unless the express permission and consent of the General Manager of Terminal is

obtained.

8.2.5 No hot work may be performed onboard any Vessel at berth without a “Welding Permit”

issued by the Harbour Master’s office.

8.2.6 The Harbour Master can be contacted 24 hours a day via the Marine Communications

and Traffic Services (MCTS) Center: 604-666-6011 or VHF Channel 12, for all marine

emergencies, including collision, grounding, striking, pollution, fire on Vessel, man

overboard and medical emergency. Once the emergency service has been called, Master

must immediately call Terminal operations control centre at telephone 604-946-3469 so

that proper directions can be given to emergency vehicles arriving at Terminal.

8.3 Safety & Security

8.3.3 A three digit telephone number (911) is the emergency number to contact fire, police and

ambulance. This number applies at Terminal and throughout the whole Greater

Vancouver area.

8.3.4 There are a number of statutory and regulatory requirements governing Vessel and

Terminal operations, including but not necessarily limited to:

1. Canada Shipping Act and amendments.

2. Vancouver Port Authority Regulations

3. Canadian Environmental Protection Act and amendments

8.3.5 When a Vessel is at Terminal, it is expected that the Master will give priority to the safety

of his Vessel and Terminal in accordance with the normal practice of good seamanship.

Master is responsible for safe mooring at Terminal, and all cargo handling operations on

Vessel.


8.3.6 The following safety regulations are generally accepted and practised in the marine transport

industry, additional regulations specific to Terminal are incorporated:

1. Vessel shall provide a sufficient level of personnel to attend moorings and conduct

cargo transfer operations in safety, and to enable Vessel departure from the berth

in an emergency.

2. Vessel mooring lines shall be tended to keep Vessel in position and lines taut at all

times.

3. Vessel access gangways and safety nets shall be tended and kept safely rigged and

illuminated.

4. No person shall remove or interfere with any lifesaving gear or appliance except

for the purpose of saving life.

5. No person shall smoke or light matches or fires in an area or place where smoking

is prohibited by Terminal.

6. No person shall discharge any firearm, or explode any detonator or other signal,

excepting as a signal of distress, or use any explosive on any Vessel or otherwise

within Terminal.

7. Vessel radar shall not transmit during cargo operations utilizing shiploaders.

8.3.7 Vessels arriving at Terminal should be aware of the following safety advisories:

1. If Vessel is equipped with “Suez” style davit cranes forward of the accommodation

section of Vessel, it is Vessel’s responsibility to ensure that the davit cranes are

stored abreast of Vessel’s last working hatch. This is required to ensure minimal

interference with the operation of the coal shiploaders.

2. If Vessel is equipped with navigational or communication antennas within the

working areas of the hatches these antennas should be removed during the course

of the loading of Vessel. If these antennas are incapable of being temporarily

removed Vessel shall notify Terminal’s operations foreman of their presence so

that it may be noted on the loading sheets.

3. No crew member shall leave a Vessel unless wearing a safety vest or suitable

reflective clothing and a hard hat. Entry to Terminal will be denied without

this required protective clothing. Vessel’s agent may obtain spare safety vests

from Terminal’s security department. Such will be provided on a loaner basis and

must be returned to Terminal. Any losses will be the responsibility of Vessel.


8.3.8 Security

1. Further to the “International Ship and Port Facility Security Code” (ISPS) and

Government of Canada “Marine Transportation Security Act” programs, a

compliance security certificate has been issued for Terminal. The certificate

certifies that the compliance of the port facility with the provisions of the “Marine

Transportation Security Regulations” has been verified and that the port facility

operates in accordance with an approved port facility security plan.

8.3.9 Access Control

1. All persons who wish to enter Terminal will be required to show a valid Port Pass

ID card (photo identification badge) to the Security Guard and advise of their

business reason for access. Only persons with a valid business reason will be

allowed access.

2. Persons without a valid Port Pass ID card will be directed to a secondary

inspection area where picture proof of identification and a valid business reason

must be given before access will be granted. These persons may be issued a

Visitor pass. While at Terminal, all persons are required to wear their Port Pass ID

card or Visitor badge above the waist.

3. The “Port Facility Security Officer” (PFSO) and the Security Station are to be

advised of all ship visits by chandlers, contractors, visitors, family members,

deliveries and others in advance of the persons/services arriving at Terminal. This

can be undertaken through the Vessel Agent. Crew members leaving Vessel must

also advise the Security Station prior to departing Terminal.

8.3.10 MARSEC Level Co-Ordination

1. When notified of an increase in the “Marine Security” (MARSEC) level, Terminal

will ensure that the vessel(s) interfacing with the marine facility are notified of the

new MARSEC level and a declaration of security is implemented.

9 Pollution:

9.2 In the event of a spill of petroleum products or other toxic materials, Vessel at fault is responsible

for clean up under the Canada Shipping Act (Pollution Prevention Regulations). If the clean up is

not satisfactory, Harbour Master or Canadian Coast Guard may initiate clean up at the expense of

Vessel. The Canada Shipping Act requires all Vessels to have a fully functional response plan,

which must incorporate the name of Vessel's response authority and a designated response

organization. Vessel's response authority is the person(s) designated to initiate the response plan

with the response organization. The legislation covering response organizations and response

plans became law in October 1995.

9.3 No bunkering or taking aboard of bulk lubricants will be allowed at Terminal. In addition, the

transfer of bunker/diesel fuel internally on board Vessel is strictly forbidden.

9.4 Regulations governing the emission of pollutants to the atmosphere (such as smoke) are defined

under the Canada Shipping Act.

9.5 No cleaning of decks is permitted while alongside.


10 Indemnity/Damages:

10.2 Indemnities

10.2.3 No act, matter or thing done or omitted to be done by Terminal or by any person, acting

with the authority of Terminal, or by any person whomsoever, in good faith and without

negligence for the purpose of the construction, management, operation, maintenance and

use of any harbour works, or of the port or approaches thereto, or for the purposes of

regulating, mooring, moving, directing or managing Vessels in the port and approaches

thereto or, for the purposes of handling, accommodating or moving cargo or persons,

shall subject Terminal or any person as aforesaid to any liability in respect thereof,

provided that nothing in these Regulations shall affect or diminish any liability of any

person to Terminal.

10.2.4 Notwithstanding that Terminal may have acted negligently or willfully, neither Terminal

nor any officer or employee of Terminal shall be under any liability to any person for:

• Any loss, damage or injury to any Vessel while at or within Terminal.

• Any loss, damage, injury or expense arising out of any failure to ensure that a berth

or access to Terminal, or any harbour works or any part thereof is made available

(either at all, or at any particular time, including any time previously notified or

agreed) to any Vessel.

10.3 Damages

10.3.3 Terminal may sue for and recover damages in any court of competent jurisdiction from

Vessel, for any injury, damage or loss caused by such Vessel to any harbour works or to

any works or property of, or under the management or control of Terminal, provided that,

without limiting the generality of the foregoing, Vessel at the direction of Terminal shall

repair and make good to the reasonable satisfaction of Terminal any such injury, damage

or loss.


11 General:

11.2 Fresh water

Fresh water is available, the hoses and hose connections must be supplied by Vessel and

connected by Vessel's crew. See Figure 10 attached for charges. The use of dock-mounted fire

hoses for supply of fresh water to Vessels is prohibited. For further information, please direct

your inquiries to Terminal’s operations superintendent or foreman.

11.3 Alcohol and illegal drugs

Terminal has a policy of zero tolerance for the use of or trading alcohol and illegal drugs at

Terminal or on board Vessels at any berth.

11.4 Missions to Seafarers/Telephone

The Missions to Seafarers has a building located near Berth 2 and Terminal’s operations control

centre. It is normally open daily from 16:00 hours to 23:00 hours. Pay telephones are located in

front of this building. Visitors and Vessel crew are reminded that hard hats and high visibility

vests are mandatory while moving around Terminal, especially at night. Walkway routes are

shown in Clause 12.6 (Figure 9).

11.5 Miscellaneous

No person shall remove or cause to be removed or assist in removing any matter whatsoever

from the bed, shore, or banks of Terminal.

No one is permitted to fish or crab on Terminal’s property or on any vessel berth at Terminal at

any time.

Vessels berthing at Terminal must ensure that rat guards are in place.

12 Terminal Technical Information:

12.1 General

The following information is applicable to Terminal’s Berth No. 1 and Berth No. 2 and is for

the assistance of and shall be used by Vessels contemplating loading at Terminal:

Note: where an asterisk (*) appears in all Clauses below, all vertical dimensions are relative to

Tide and Chart Datum 2005, as follows:

Extreme high water (EHWL): +5.36m (+17.6 ft.) estimated

Higher high water (HHWL): +4.83m (+15.9 ft.)

Mean sea level (MSL): +3.08m (+10.10 ft.)

Lower low water (LLWL): +0.06m (+0.2 ft.)

Extreme low water (ELWL): -0.04m (-1.3 ft.) estimated

The density of the water alongside the berths varies between 1012 kg/m3 and 1025 kg/m

3 and is

normally determined by the licenced marine surveyor(s) at the time of draft survey.


12.2 Berth 1 - Information

The following information is applicable to Terminal’s Berth No. 1 and is for the assistance of and

shall be used by Vessels contemplating loading at Terminal:

12.2.1 Extreme Horizontal Shuttling Range of Discharge Chute with boom horizontal:

28.7m (94 ft. 0 in.). Normal operating range approximately 28m (92 ft.).

12.2.2 Normal Operating Chute Reach from Berth Face (measured to chute centerline when

chute is hanging vertically):

Minimum Maximum

(Shuttle Retracted) (Shuttle Extended)

with boom elevated 27 above horizontal: 9.2m 35.4m

(30. ft. 0 in.) (116 ft. 0 in.)

with boom elevated 15 above horizontal: 10.45m 38.3m

(34 ft. 3 in.) (125 ft. 9 in.)

with boom horizontal: 10.45m 39.0m

(34 ft. 3 in.) (128 ft. 0 in.)

In practice, the action of the coal stream trajectory from the horn at the end of the chute

results in the actual minimum values being slightly less than shown and the actual

maximum values being slightly greater than shown.

Normal Operating Longitudinal Travel along Wharf: 244.86m (803 ft. 4 in.)

Operating (loading) range of Shiploader Boom: 15 above horizontal to 10 below

horizontal

Maximum angle for shuttle travel: 27 above horizontal

Shiploader-parked position (Boom clear of berth face): 75 above horizontal

Vertical Telescopic Range of Discharge Chute: 2.4m (7 ft. 10 in.)

12.2.3 Vertical Clearance under boom above HHWL, at berth face:

with boom elevated 15 above horizontal (max loading angle): 19.6m (64 ft. 2 in.)*

12.2.4 Vertical Distance of Bottom of Chute and Horn above HHWL, with boom elevated 27

and chute shuttled in:

with chute telescope retracted: 18.5m (60 ft. 4 in.)*

12.2.5 Clearance envelope under shiploader Portal for Vehicles on Wharf:

13.1m (43 ft. 2. in.) wide, 5.8m (19 ft. 0 in.) high

12.3 Berth 1 - Figures

The information set out in the Figures attached hereto, as listed below, is applicable to

Terminal’s Berth No. 1 and shall be used by Vessels contemplating berthing and loading at

Terminal.

Figure 1: Berth No. 1 - Ships Docked Port Side to the Berth

Figure 2: Berth No. 1 - Ships Docked Starboard Side to the Berth

Figure 3: Berth No. 1 - Shiploader Plan

Figure 4: Berth No. 1 - Shiploader Elevation

Figure 5: Berth No. 1 - Safety Nets


12.4 Berth 2 - Information

The following information is applicable to Terminal’s Berth No. 2 and is for the assistance of

and shall be used by Vessels contemplating loading at Terminal:

12.4.1 Horizontal Shuttle Range of Boom: 22.86m (75 ft.)

12.4.2 Operating Slewing Arc of Boom: 71

12.4.3 Maximum Luffing Range of Shiploader Boom:

45 above horizontal to 30 below horizontal

12.4.4 Vertical Clearance at Berth Face under Boom above HHWL:

18.3m (59 ft. 11 in.) with boom elevated 18 and fully extended*

25.7m (84 ft. 5 in.) with boom elevated 18 and fully retracted,*

16.6m (54 ft. 5 in.) with boom horizontal.*

12.4.5 Vertical Distance of Bottom of Chute above HHWL:

19.0m (62 ft. 5 in.) with boom elevated 18*

12.4.6 Maximum Boom Reach from Berth Face:

34.9m (114 ft. 6 in.) with boom elevated 18 and fully extended

12.04m (39 ft. 6 in.) with boom elevated 18 and fully retracted

36.27m (119 ft.) with boom horizontal and fully extended

13.41m (44 ft.) with boom horizontal and fully retracted

12.5 Berth 2 - Figures

The information set out in the Figures attached hereto, as listed below, is applicable to

Terminal’s Berth No. 2 and shall be used by Vessels contemplating berthing and loading at

Terminal.

Figure 6: Berth No. 2 - Typical Mooring Arrangements

Figure 7: Berth No. 2 - Shiploader Plan

Figure 8: Berth No. 2 - Shiploader Elevation

12.6 Walkways/Missions to Seamen

The information set out in the Figure attached hereto, as listed below, is applicable to Terminal

and shall be used by any person walking to or from a berth area and the Missions to Seamen

building. Access to any other area of Terminal is expressly prohibited.

Figure 9: - Missions to Seamen/Walkways

12.7 Vessel Berthage, Line and Water Charges

The information set out in the Figure attached hereto, as listed below, is applicable to Terminal

and shall be used by Vessel to determine amounts owed to Terminal for berthage, line and water

charges.

Figure 10: - Vessel Berthage, Line and Water Charges


Dated: July 1, 2012 Revision #: 5 Authorizing Signature:

WESTSHORE - VESSEL BERTHAGE, LINE AND WATER CHARGES

VESSEL BERTHAGE CHARGES:

1. The charges set out below shall be paid to Terminal in respect of any Vessel occupying a berth. All

charges shall be paid before Vessel leaves Terminal, provided that Terminal, in its discretion, may

accept in lieu of payment a guarantee from the agent for Vessel that the charges will be paid within

seven days after the departure of Vessel from Terminal. All charges are payable in the lawful currency

of Canada.

2. Berthage charges on the overall length of each Vessel commence when the first line is made fast and

terminate when the last line is cast off. Charges shall be paid by Vessel to Terminal as follows: $6.40 per linear metre overall for each consecutive eight (8) hour period.

3. In the event Vessel’s last line is cast off within the first four hours of the last consecutive 8 hour period

then charges for such last period shall be: If last line cast off at or within 1

st hour of such period $0.80 per linear metre overall

If last line cast off at or within 2nd

hour of such period $1.60 per linear metre overall If last line cast off at or within 3

rd hour of such period $2.40 per linear metre overall

If last line cast off at or within 4th hour of such period $3.20 per linear metre overall

4. In the event Vessel’s last line is cast off at or within the last four hours of the last consecutive 8 hour

period then charges for such last period shall be at the full normal rate set out herein.

5. Interest of 1.5% per month will be charged on overdue accounts.

VESSEL LINE CHARGES:

1. The following charges will be assessed for tying up and letting go of Vessel's lines: $3,300 per call

2. There are no charges for linesmen used for shifting a Vessel along a wharf, when required.

WATER CHARGES:

The following connection charge will apply if water is required: $400.00

Documents

Westshore Terminals Limited Partnership REGULATIONS & NOTICE TO SHIPS 1 Roberts Bank